David Jones — ADJ8299055, ADJ8299058

Defendant Southern California Gas Company (permissibly self-insured) sought reconsideration of a WCJ's First Amended Joint Findings and Award finding applicant David Jones sustained industrial injury to multiple body parts plus hypertension and sleep disorder, with 80% permanent disability. Defendant argued that internal medicine QME Dr. Thomas Hascall's reports were not substantial evidence on causation and apportionment of the hypertension and sleep apnea, and that the record needed further development on Benson apportionment. The WCAB agreed that Dr. Hascall's apportionment opinion was not substantial evidence, but noted the WCJ did not actually apply apportionment to the whole person impairment for hypertension and sleep apnea, so the rating remained correct. The Board adopted and incorporated the WCJ's Report, finding the 2001 specific low back injury did not cause applicant's reduced ability to exert himself (and thus obesity/internal conditions); rather the cumulative trauma injury and 2012 cessation of work did. Defendant failed to meet its burden of proving apportionment and had ample time to further depose Dr. Hascall but did not. The Petition for Reconsideration was denied.